STATE OF OKLAHOMA, EX. REL. OKLAHOMA TAX COMMISSION v. HERBERT DIBBERN, MARTHA DIBBERN
What's This Case About?
Oh, you thought tax season was over? Not for Herbert and Martha Dibbern — the Oklahoma Tax Commission just showed up at their doorstep like the world’s most polite apocalypse, armed with a $1,459.31 bill and the full weight of the state government. And no, they’re not here to negotiate payment plans or offer a soothing cup of coffee. They’re here to garnish. Yes, garnish. As in, “your wages, your bank account, possibly your emotional stability.” Welcome to Crazy Civil Court, where even the most mundane government paperwork can spiral into a saga of fiscal reckoning.
So who are these people? Herbert and Martha Dibbern — a married couple, presumably living out a quiet, tax-paying life in Custer County, Oklahoma, until one day, the financial music stopped and someone realized they hadn’t paid their 2020 income taxes. Now, before you roll your eyes and say, “Big deal, everyone forgets a tax once in a lifetime,” let’s talk about the bill. Because $1,459.31 isn’t just the original tax — it’s what happens when you leave your taxes in the oven too long and come back to a charred casserole of interest, penalties, and fees. The base tax was $791.28. Fine. We’ve all had years where the W-2s lied and the 1099s betrayed us. But then the state said, “You didn’t pay on time,” and slapped on $416.16 in interest — nearly half the original bill — like a financial penalty kick. Then came the penalties: $86.48 for not paying, and another $129.39 just for having the audacity to be issued a tax warrant, which sounds like something out of a dystopian novel but is, in fact, standard procedure when the state decides you’ve lingered too long in tax purgatory. And don’t forget the $36 filing fee — because even the paperwork has a cover charge.
The timeline here is a slow burn. The tax was assessed back in February 2021 — over three years ago. That’s not a typo. The Dibberns owed money for 2020, and by early 2021, the state had already calculated the damage. But instead of paying, they… didn’t. For over three years, the debt sat like a forgotten pot roast in the back of the fridge, quietly getting worse. Interest accrued. Penalties stacked up. The Oklahoma Tax Commission didn’t come knocking immediately — they’re not the kind of agency that sends SWAT teams for late filings. But they do have systems. And by June 2024, they’d had enough. They filed a tax warrant — which, legally speaking, is treated like a court judgment — and sent it to the County Clerk to be recorded. That’s step one. Step two? File a petition in the District Court of Custer County demanding action. That’s where we are now: June 26, 2024, and the state is formally asking the court to force Herbert and Martha to show up, explain what they’ve got, and start paying.
Now, let’s break down what’s actually happening in court. The state isn’t suing for fraud. They’re not accusing the Dibberns of hiding yachts in the Bahamas or funneling money through shell corporations named “Definitely Not Herbert’s Money, LLC.” No, this is a debt collection case — but with government-grade steroids. The legal claim is simple: the state issued a valid tax warrant for unpaid income taxes, and now they want to collect. And because Oklahoma law treats tax warrants like court judgments, the state can skip the trial phase and go straight to enforcement. That means they can garnish wages, seize bank accounts, or even put a lien on property — all without proving in court that the Dibberns owe the money, because the warrant is the proof. It’s like the tax version of “guilty until proven solvent.”
The demand? $1,126.77 — the remaining balance after some unknown payment or adjustment. That’s not chump change, but it’s not a fortune, either. For context, that’s less than a month’s rent in most major cities, or about three iPhone 15s. But here’s the kicker: the state isn’t just asking for the money. They’re asking the court to order Herbert and Martha to appear at a hearing on assets. That’s not a typo — it’s a real thing. A hearing on assets is basically the government’s way of saying, “Alright, Herbert and Martha, we’re tired of guessing. Show us your bank statements, your pay stubs, your coin collection — everything. We’re coming for what you’ve got.” And if they don’t show? The court can issue a default judgment, meaning the state wins by forfeit, and the garnishment train keeps rolling.
Now, here’s where we, the narrators of petty civil chaos, take a moment to editorialize. What’s the most absurd part of this? Is it that a $791 tax bill ballooned by 85% over three years? Is it that the state charges you a penalty for issuing a penalty? Is it that the Dibberns had over three years to fix this and didn’t? Or is it that the Oklahoma Tax Commission — an entire state agency — is now represented by attorneys from Linebarger Goggan Blair & Sampson, LLP, a firm that specializes in municipal debt collection, like they’re litigating a corporate merger instead of chasing down a couple grand from a rural Oklahoma household?
Honestly? It’s all absurd. But the real kicker is how impersonal it all is. This isn’t a dramatic courtroom showdown. It’s a form letter, a spreadsheet, a warrant stamped with a seal. Herbert and Martha aren’t villains. They’re not heroes. They’re just two people who fell behind, and now the machine has caught up. And the machine doesn’t care if they had a bad year in 2020. It doesn’t care if they lost a job, got sick, or just plain forgot. It sees a number, and it wants it paid.
Do we feel bad for them? Maybe a little. Do we think they should’ve paid their taxes on time? Absolutely. But do we also think it’s wild that the state adds a $129 “tax warrant penalty” — essentially a fee for being in arrears — on top of everything else? Yes. Yes, we do. That’s like charging a late fee on your late fee. It’s financial inception.
And yet — and yet — we can’t help but root for a little mercy. Not because Herbert and Martha are innocent, but because the system feels like it’s designed to punish until there’s nothing left. A hearing on assets sounds less like a legal procedure and more like an audit of their dignity. We’re entertainers, not lawyers, but even we know that when the government starts garnishing wages, it’s not just about the money — it’s about the message. And the message here is: You will pay. Even if it takes three years. Even if it costs more than it should. You will pay.
So what happens next? If Herbert and Martha ignore the petition, the court will likely grant the state everything it asks for — garnishment, asset seizure, the whole nine yards. If they show up, maybe they can negotiate. Maybe they’ll pay in installments. Maybe they’ll prove hardship. But one thing’s for sure: the party’s over. The tax warrant has been filed. The lawyers have spoken. And in the quiet corners of Custer County, someone’s about to get a very unwelcome letter from the state.
Welcome to the justice system, population: unpaid taxes.
Case Overview
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STATE OF OKLAHOMA, EX. REL. OKLAHOMA TAX COMMISSION
government
Rep: Scott McGlasson, OBA#20591, Elizabeth Paul, OBA#32714, Linebarger Goggan Blair & Sampson, LLP
- HERBERT DIBBERN, MARTHA DIBBERN individual
| # | Cause of Action | Description |
|---|---|---|
| 1 | collection of debt | collection of unpaid taxes |